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FIRESTONE TIRE & RUBBER COMPANY (S.S.), LTD. v. SINGAPORE HARBOUR BOARD.

[1952] 2 Lloyd's Rep. 1

Public authority - Limitation of action - Straits Settlements - Harbour Board functioning as warehousemen - Loss of goods while in custody of Board - Act (of warehousing) done "in pursuance of any public duty or authority" - Ports Ordinance, 1913 (as amended 1939) - Public Authority Protection Ordinance, 1912 (as amended 1939).

COLIN & SHIELDS v. W. WEDDEL & CO., LTD.

[1952] 2 Lloyd's Rep. 9

Sale of goods (c.i.f.) - Documents - Rejection by buyers - Bill of lading and/or ship's delivery order - Discharging port in bill of lading not in conformity with contract of sale - Bill of lading subsequently indorsed "In transit to" discharging port under contract - Goods transhipped by barge - Tender of delivery order issued by shipowners and addressed to master porter of final discharging berth - Whether good tender - Goods in transit to final discharging port at time of tender - Time for tender.

THE "JAROSLAW DABROWSKI."

[1952] 2 Lloyd's Rep. 20

Collision - Swept channel - Buoys marking centre line position - Ships meeting at bend - Narrow channel rule - Crossing rule - Instructions to Mariners requiring buoys to be passed "close to on the port hand" - Helm action - Look-out - Seamanship - Collision Regulations, Arts. 19, 21, 22, 25, 27, 29.

RYSDALE v. BLACKFRIARS LIGHTERAGE & CARTAGE COMPANY, LTD.

[1952] 2 Lloyd's Rep. 31

Negligence - Barge - Hatch covers - Loading of cargo - Stevedore's fall into hold - Alleged collapse of hatch-over - Onus of proof - Docks Regulations, 1934, Regulation 15.

GREEN AND ANOTHER v. THAMES LAUNCHES, LTD.

[1952] 2 Lloyd's Rep. 38

Licensing - Passenger vessels plying on River Thames - Passenger vessel licence - Permitted hours - Sale of intoxicating liquor outside permitted hours - Legality - Licensing Act, 1872, Sect. 72 - Licensing (Consolidation) Act, 1910, Sect. 111 - Finance (1909-10) Act, 1910, Sects. 43, 52 - Licensing Act, 1921, Sects. 1, 2, 18.

WOODS v. W. H. RHODES & SON, LTD., T. & J. HARRISON, LTD., AND MERSEY DOCKS AND HARBOUR BOARD.

[1952] 2 Lloyd's Rep. 43

Negligence - Safe premises (docks) - Unsafe stowage of "save-all" in dock shed - Fatal injuries to dock labourer - Liability of employers; of ship managers as occupiers of send; and of dock board as having general management and control of dock area - Docks Regulations, 1934, Regulation 1 - Duties.

BOGUSLAWSKI AND ANOTHER v. GDYNIA-AMERYKA LINJE ZEGLUGOWE SPOLKA AKCYJNA.

[1952] 2 Lloyd's Rep. 57

International law - Recognition of foreign Government - Retroactive effect - Poland - Change of Government - Agreement by Minister of Polish Government in London to pay gratuities to seamen of Polish merchant navy on leaving their ships - Subsequent recognition of Lublin Government in Poland - Authority of Polish Minister in London - Divided control - Evidence of Polish law.

MOONS MOTORS, LTD. v. KIUAN WOU.

[1952] 2 Lloyd's Rep. 80

Contract - Hire of motor car - Dispute as to terms - Liability of hirer for damage by accident or, road - Insurance effected by owners - Extent of cover protecting hirer - Whether cover limited to statutory requirements. Practice - Appeals from County Court - Decision of Judge reversed after further further argument before order finally drawn up - Jurisdiction - Higginson v. Blackwell Colliery Company, (1915) 84 L.J. (K.B.) 1189, explained.

THE "SEMIRAMIS."

[1952] 2 Lloyd's Rep. 86

Collision - River Thames - Turning in river - Ship navigating against tide, approaching sharp bund - Respective duties - Look-out - Port of London River By-laws, 1938, Rules 30, 42 (a). Practice - Preliminary act - Binding effect of statement made by parties - Decision of C.A. in the Seacombe and the Devonshire, [1912] P. 21, referred to.

MORTIBOYS AND OTHERS v. SKINNER AND OTHERS. THE "DEVONSHIRE MAID."

[1952] 2 Lloyd's Rep. 95

Collision - Crossing vessels - Failure by give-way ship to take action - Duty of stand-on ship - Action taken too late - Collision Regulations, Art. 21n.

WADDLE v. WALLSEND SHIPPING COMPANY, LTD.*

[1952] 2 Lloyd's Rep. 105

Ship - Unseaworthiness - Loss without trace - Possible causes of loss - Structural weakness - Striking of mine - Construction of ship - Departure from building plans and subsequent alteration in disposition of bailers - Knowledge of classification surveyor and of repairers - Whether to be imputed to owners - Extent of owners' responsibility - Presumption of unseaworthiness - Alternative possible explanations - Onus of proof - Merchant Shipping Act, 1894, Sect. 458.

KERRIDGE v. PORT OF LONDON AUTHORITY.

[1952] 2 Lloyd's Rep. 142

Docks Regulations, 1934 - Lighting - Safe place of work - Dock labourer's fall from lorry unloading export cargo in dock shed - Cause of accident - Claim against employers - Regulation 3.

BRAUER & CO. (GT. BRITAIN), LTD. v. JAMES CLARK (BRUSH MATERIALS), LTD.

[1952] 2 Lloyd's Rep. 147

Sale of goods - Non-performance - Force majeure "Subject to export licence" - Prohibition of export below certain price - Price in excess of contract price.

ROBERTS v. ROBERTS & DOUGLAS (STEVEDORES), LTD.

[1952] 2 Lloyd's Rep. 155

Master and servant - Contract of service - Peremptory dismissal of servant - Whether wrongful - Circumstances justifying termination of employment - Fraud on employers - Proof.

THE "BERTIL."

[1952] 2 Lloyd's Rep. 176

Salvage - Moored vessel - Moorings fouled by drifting vessel - Vessels locked together - Services rendered by tug in freeing and remooring vessel - Degree of danger.

THE "MERSEY No. 30."

[1952] 2 Lloyd's Rep. 183

Collision - Narrow channel - Starboard-hand rule - Vessels on opposite courses in mid-channel - Look-out - Collision Regulations, Art. 25 - River Mersey Rules, 1924, Rule 13.

OSBORNE v. PORT OF LONDON MASTER PORTERS' & STEVEDORING COMPANY, LTD.

[1952] 2 Lloyd's Rep. 191

Negligence - Safe appliances - Ship's derrick topping wire fall - Falling of derrick when being lowered by hand - Condition of wire - Proof.

SCHIJVESCHUURDER AND OTHERS v. CANON (EXPORT), LTD.

[1952] 2 Lloyd's Rep. 196

Contract - Sale of goods - Enforceability - Consensus ad idem - Documentary credits.

LEES v. MOTOR INSURERS' BUREAU.

[1952] 2 Lloyd's Rep. 210

Road Traffic Act, 1930 - Third-party risks - Requirements in respect of policies - Death of person in employment of assured owing to negligence of driver - Claim by widow against driver unsatisfied - Liability of Motor Insurers' Bureau - Sects. 35 (1), 36 (1), Proviso (i).

THE "NICOLAOU GEORGIOS."

[1952] 2 Lloyd's Rep. 215

Salvage - Arbitration - Award - Objection by certain members of crew - Motion by salvors to make award rule of Court - Dispute as to apportionment between crew - Allegation of conspiracy and fraud abandoned - Costs.

THE "MANCHESTER SHIPPER."

[1952] 2 Lloyd's Rep. 219

Collision - Canal - Vessels meeting - Insufficient room to pass - Jamming of vessels - Seamanship - Manchester Ship Canal By-laws, Rules 13, 15.

CRAWLEY v. PARSONS.

[1952] 2 Lloyd's Rep. 225

Seaman - Fishing boat - Oral engagement of substitute cook - Refusal to proceed to sea - Articles not signed - Whether seaman guilty of an offence - Merchant Shipping Act, 1894, Sects, 376 (1) (b), (d), 401 (3).

VAUGHAN v. BUILDING ESTATES, LTD.

[1952] 2 Lloyd's Rep. 231

Negligence - Safe premises - Building site - Plank left in grass by contractors - Personal injuries sustained by sub-contractor - Liability of contractors - Route unnecessary for performance of sub-contractual duties - Unusual danger - Contributory negligence.

BRITISH TRADERS & SHIPPERS, LTD. v. UBIQUE TRANSPORT & MOTOR ENGINEERING COMPANY (LONDON), LTD., AND PORT OF LONDON AUTHORITY.

[1952] 2 Lloyd's Rep. 236

Bailment - Loss of goods - Delivery by carriers to Port Authority for shipment - Negligence of carriers and/or Port Authority - Proof of delivery - Liability of Port Authority as to goods warehoused - Conditions - Owner's Risk clause - "Unprotected" or "unpacked."

CIVIL AIR TRANSPORT, INCORPORATED v. CENTRAL AIR TRANSPORT CORPORATION.

[1952] 2 Lloyd's Rep. 259

International law - Recognition of Chinese Government - Sale by de jure Nationalist Government of aeroplanes grounded in British colony - Communist Government at time of sale in de facto control of most of Chinese mainland - Communist Government shortly afterwards recognized as de jure Chinese Government - Validity of sale - Enforceability - Doctrine of retroactivity.

SIR ROBERT McALPINE & SONS, LTD. v. SAMUEL WILLIAMS & SONS, LTD. (THE "WAKAW" AND THE "WOOLVISTON.")

[1952] 2 Lloyd's Rep. 272

Negligence - Lighterman - Mooring of barges by lighterman - Duty to take reasonable care - Use of casual rope - Damage caused by barges breaking adrift - Res ipsa loquitur - Onus of proof.

BRUNDELL v. VIANDA STEAMSHIP COMPANY, LTD.

[1952] 2 Lloyd's Rep. 277

Negligence - Safe appliances - Ship's derrick topping lift wire - Use of chain stopper to secure wire while lowering derrick - Fall of derrick - Negligence of fellow servant - Proof.

ANDRE ET CIE., S.A. v. J. H. VANTOL, LTD.

[1952] 2 Lloyd's Rep. 282

Contract - Sale of goods (c.i.f.) - Breach by sellers - Unascertained goods sold by description - Notification of shipment received by sellers - Delay in passing on declaration to buyers - Some delay admitted - Fall in market price - Measure of damages - Remoteness - London Oil and Tallow Trades Association Contract (Coconut Oil).

WALKER v. BOWATERS MERSEY PAPER MILLS, LTD.

[1952] 2 Lloyd's Rep. 299

Negligence - Discharging of baled cargo stowed in ship's hold - Overbalancing of bale - Injury to dock labourer - Necessity for supervision of operation by chargehand - Docks Regulations, 1934, Regulation 41.

BULLOCK v. TURNBULL AND ANOTHER.

[1952] 2 Lloyd's Rep. 303

Public health - Quarantine - Boarding of ship without permission of sanitary authority - Persons unaware that ship was in quarantine - Offence not committed wilfully - Information incomplete as not disclosing offence - Public Health Act, 1936, Sect. 143 (5) - Port Health Regulations, 1933 and 1945, Art. 16 (1).

KERRIDGE v. RUSH.

[1952] 2 Lloyd's Rep. 305

Road Traffic Act, 1930 - Third-party risks - Agricultural motor tractor towing two loaded trailers on a road - Comprehensive policy excluding liability "whilst such vehicle is drawing a greater number of trailers in all than is permitted by law" - Whether whole policy vitiated - Road Traffic Act, - 1930, Sects. 18, 35.

COPPIN v. BUTLERS WHARF, LTD.

[1952] 2 Lloyd's Rep. 307

Negligence - System of working - Unloading of vessel - Concealed danger - Hole in ceiling of hold - Injury to stevedore - Duty of employers.

BARNARD AND OTHERS v. NATIONAL DOCK LABOUR BOARD AND SILVERTOWN SERVICES, LTD.

[1952] 2 Lloyd's Rep. 313

Dock Labour Scheme - Lightermen - Refusal to carry out orders to discharge - Suspension by Dock Labour Board - "Working Rules" - Custom of trade (discharge of sugar) - Limitation of hours for unloading - Applicability of custom to bulk sugar - Validity of suspension - Dock Workers (Regulation of Employment) Scheme, 1947. Procedure - Statutory tribunal - Suspension of lightermen by Dock Labour Board upheld by Appeal Tribunal - Claim by lightermen alleging unlawful suspension and for injunction - Jurisdiction of Court to inquire into matters alleged in claim - Submission by Dock Labour Board that decision of Appeal Tribunal must first be set aside by certiorari proceedings - Dock Workers (Regulation of Employment) Scheme, 1947.

THE "HANS HOTH."

[1952] 2 Lloyd's Rep. 341

Limitation of Liability - Actual fault or privity of owner - Collision at entrance to Dover Harbour - German ship in charge of compulsory pilot - German master (part owner) at engine control on bridge - Admitted negligence of pilot - Disregard of local signal - Duty of master to pilot - Test of blameworthiness - Onus of proof.

THE HOPPER "R.G."*

[1952] 2 Lloyd's Rep. 352

Negligent navigation - Hampering - Undocking into river - Hopper proceeding down river across dock entrance - Ship undocking warned by piermaster to hold back - Astern action taken - Collision with dock wall - Liability of hopper - Whether hopper navigated too close to dock entrance - Look-out.

LONDON CRYSTAL WINDOW CLEANING COMPANY, LTD. v. NATIONAL MUTUAL INDEMNITY INSURANCE COMPANY, LTD.

[1952] 2 Lloyd's Rep. 360

Insurance - Employers' Liability - Policy condition - Fatal accident to employee of assured (window cleaning company) - Liability of assured - Right to indemnity - Condition of policy that assured should take "all reasonable precautions to prevent accidents" - Construction.

OBASEKI BROS. v. REIF & SON, LTD.

[1952] 2 Lloyd's Rep. 364

Sale of goods (f.o.b.) - Breach by sellers - Damages - Defect in quality of hardwood shipped from West African port to U.K. - Delivery accepted by buyers subject to allowance - Grading and measuring to be effected at destination - Certiflcate of measure and quality to be basis for final settlement - Measure of damages - Award based on market value at destination - Case stated - Motion to set aside or refer back - Matters not taken into consideration by umpire - Presumption in favour of award.

DAY v. ROYAL MAIL LINES, LTD.

[1952] 2 Lloyd's Rep. 368

Negligence - Protection of eyes - Paint scaler working without goggles - Fall from ship's staging - Personal injuries sustained - Impairment of vision - Cause of fall - Protection of Eyes Regulations, 1938.

MINISTRY OF FOOD v. LAMPORT & HOLT LINE, LTD.

[1952] 2 Lloyd's Rep. 371

Bill of lading - Damage to cargo (maize in bulk) shipped in lower hold - Contamination by tallow (in casks) shipped in 'tween deck above - Leakage from casks - Bad stowage - Improper or insufficient packing - "Bursting of packages or consequences arising therefrom" - Dangerous cargo - Implied term as between shippers and shipowners - Liability of consignees - Bills of Lading Act, 1855, Sect. 1.

MILLS v. CAMMELL LAIRD & CO., LTD.

[1952] 2 Lloyd's Rep. 383

Negligence - Protection of eyes - Goggles - Injury to eye - Whether due to failure to provide and/or maintain suitable goggles - Proof.

RITCHIE v. T. G. IRVING & CO., LTD.

[1952] 2 Lloyd's Rep. 387

Docks Regulations, 1934 - Safe appliances - Ship's winch - Fencing - Winch not securely fenced - Whether winch fenced "so far as is practicable without impeding the safe working of the ship" - Regulation 26.

THE "NESS" AND THE "BEVERLEY."

[1952] 2 Lloyd's Rep. 394

Negligent navigation - Dock - Barge adrift - Collision with moored tug - Whether manoeuvres of passing tug, engaged in towing large ship from dock, caused barge to come into contact with moored tug - Cause of barge being adrift - Whether properly moored - Barge cast adrift by unknown person - Novus actus interveniens.

THE "D'VORA."

[1952] 2 Lloyd's Rep. 404

Ship's necessaries - "Equipping" of ship - Supply of fuel oil - Foreign ship arrested and sold under order of Admiralty Court - Uncontested claim against proceeds - Jurisdiction of Court to hear and determine claim for fuel oil supplied at port of registry (Haifa) - Whether recoverable as claim for "equipping" of ship - Supreme Court of Judicature (Consolidation) Act, 1925, Sect. 22 (1) (a) (vii), (x).

SHIELDS (TRADING AS W. RYDER & CO.) v. HONEYWILL & STEIN, LTD.

[1952] 2 Lloyd's Rep. 406

Sale of goods - Quality - Implied condition as to fltness - Merchantability - Fitness for purpose required - Use in products manufactured by buyers - Unsuitability for we in all products - Sale of Goods Act, 1893, Sect. 14 (1), (2).

BENNETT v. HARLAND & WOLFF, LTD.

[1952] 2 Lloyd's Rep. 411

Master and servant - Contract of service - Enforceability - Agreement to continue to employ as term of settlement of workmen's compensation claim - Dismissal - Dispute as to terms of continued employment - Whether defendants guaranteed permanent employment - Reasonableness - Action for breach - Whether limited to remedy under Workmen's Compensation Act - Workmen's Compensation Rules, 1926, Rules 30, 82.

FLYNN v. SCRUTTONS, LTD.

[1952] 2 Lloyd's Rep. 417

Damages - Assessment - Personal injuries claim.

NICOLENE, LTD. v. SIMMONDS.

[1952] 2 Lloyd's Rep. 419

Contract - Sale of goods - Non-delivery - Enforceability - Offer and acceptance - Whether firm contract concluded - Terms of contract - "Usual conditions of acceptance" - Payment "by confirmed irrevocable sterling letter of credit" - No instructions received by buyers as to opening.

THE "ALLY."

[1952] 2 Lloyd's Rep. 427

Possessory lien - Ship in dry dock - Ship-repairers with possessory lien - Proposed removal to wet dock - Preservation of lien.

LOUTFI v. CZARNIKOW, LTD.

[1952] 2 Lloyd's Rep. 429

Contract - Sale of goods - Non-delivery - Formation - Enforceability - Offer and acceptance - Acceptance by acting upon the offer - Consensus ad idem - Letter of credit to be provided by buyer - Whether terms in compliance with sellers' offer - Liability of buyer under contract of resale with third parties - Right of recovery from sellers - Knowledge of sellers - Damages. Practice - Pleadings - Amendment of statement of claim at conclusion of hearing - Conformity with issues which emerged in course of hearing - Defendants given leave to call further evidence.

PINE v. R. & H. GREEN AND SILLEY WEIR, LTD., AND ANOTHER.

[1952] 2 Lloyd's Rep. 445

HORABIN v. BRITISH OVERSEAS AIRWAYS CORPORATION.

[1952] 2 Lloyd's Rep. 450

Carriage by Air Act, 1932 - Limitation of liability of carrier - International carriage - Injury to passenger - Series of acts of carelessness - Breach of safety rules - Cumulative effect - Whether wilful misconduct - Proof - First Schedule Arts. 22, 25.

BERRILL v. ROAD HAULAGE EXECUTIVE.

[1952] 2 Lloyd's Rep. 490

Husband and wife - Damages - Husband's car (driven by wife) in collision with lorry - Wife and lorry driver both negligent - Husband's right to recover in full from owners of lorry. -

RUTHERFORD v. THOS. & JAS. HARRISON.

[1952] 2 Lloyd's Rep. 493

Negligence - System of working - Safe appliances - Shunting of railway wagon in dock - Use of mobile crane - Hatch foreman crushed between wagon and crane - Alleged negligence of crane driver - Suitability of crane and of snotter - Contributory negligence.

J. H. PIGOTT & SON v. DOCKS AND INLAND WATERWAYS EXECUTIVE.

[1952] 2 Lloyd's Rep. 499

Docks and Ports - Dock authority - Statutory powers - Towage services - Power of exclusion of tugs other than those belonging to dock authority (Immingham) - "Shipping and unshipping of goods" - Harbours, Docks, and Piers Clauses Act, 1847, Sect. 33 - Humber Commercial Railway and Dock Act, 1901, Sects. 66, 70.

NORTH EASTERN TIMBER IMPORTERS, LTD. v. CH. ARENDT & SONS AND IMPRESA CERRITO.

[1952] 2 Lloyd's Rep. 513

Brokers - Timber brokers - C.i.f. contract for sale of timber by foreign shipper to British buyers, brokers acting as agents for shipper - Buyers to pay cash in exchange for shipping documents - Shipper paid by agents, who took up documents and sent them to buyers - Payment not made by buyers - Inspection in meantime by buyers, who claimed right to reject - Payment subsequently made by buyers "without prejudice" to right of rejection - Right to reject upheld in arbitration - Buyers' right to recover price price to agents - Whether agents acting as principals - Alleged "assignment" from shipper to agents.

WELCH v. ADMIRALTY AND FREDERICK LEYLAND & CO., LTD. (PROPRIETORS OF J. RUSSELL & CO.).

[1952] 2 Lloyd's Rep. 520

Factories Act, 1937 - Factory - Occupier - Dry dock - Means of access - Personal injuries claim by ship's painter - Trip over obstacle on ground in precincts of dry dock - Duty of occupier to provide and maintain safe means of access "so far as is reasonably practicable" - Meaning of "occupier" - Dry dock under hire to ship-repairers - Sect. 26.

ROMULUS FILMS, LTD. v. WILLIAM DEMPSTER, LTD.

[1952] 2 Lloyd's Rep. 535

Carriage by air - Contract of carriage - Charter of aircraft for carriage of film equipment from Africa to London - Non-availability of aircraft - Carriage of part of equipment in substituted aircraft - Delay - Damages - Special circumstances within contemplation of parties.

COOK AND OTHERS v. THAMES STEAM TUG & LIGHTERAGE COMPANY, LTD.

[1952] 2 Lloyd's Rep. 540

Lightermen - Wages - Completion of work - "Short night" period - Travelling time to "free area."

PRACTICE NOTE.

[1952] 2 Lloyd's Rep. 543

Collision - River - Narrow channel - Starboard-hand rule - Vessel falling into wake of passing vessel - Look-out - Speed - Holding back. Evidence - Ship's log - Admissibility - Evidence Act, 1938.

GETREIDE-IMPORT-GESELLSCHAFT m.b.H. v. CONTIMAR S.A. COMPANIA INDUSTRIAL COMERCIALE Y MARITIMA.

[1952] 2 Lloyd's Rep. 551

Arbitration - Award - Appeal - Service of notice of appeal - Failure to give appropriate notice - Notice wrongly addressed - Action for declaration that award was valid and subsisting - Scott v. Avery clause - Jurisdiction of Court to hear dispute - Discretion of Court - Arbitration Act, 1950, Sect. 25 (4) - London Corn Trade Association Contract No. 41.

TEMPLE STEAMSHIP COMPANY, LTD. v. MOUNTSTUART DRY DOCKS, LTD.

[1952] 2 Lloyd's Rep. 566

Repairs to ship - Breach of contract and/or duty - Renewal of journal to crankshaft - Further crankshaft trouble experienced on subsequent voyages - Dispute as to cause - Whether due (a) to structural weakness in ship or to casualty subsequently incurred, or (b) to defect in refitted journal - No further trouble experienced after re-machining of journal - Dub of plaintiffs to give defendants opportunity of inspection before re-machining - Costs.

MAY & HASSELL, LTD. v. METROPOLIS TIMBER COMPANY, LTD., AND OTHERS.

[1952] 2 Lloyd's Rep. 584

Sale of goods - Performance - Payment in full by buyers of French timber - Shortage at French ports of shipment - Goods not shipped owing to export difficulties - Resale of part by buyers to sellers, sellers to make up shortage in quantity to be retailed by buyers - Payment to be made by sellers by acceptance of bills of exchange - Failure by sellers to make up shortage - Bolls dishonoured - Liability of sellers and of personal guarantors of bills - Whether buyers took adequate steps entitling sellers to take possession of timber at French ports.

BYRNE v. CLAN LINE STEAMERS, LTD., AND CALEDONIA STEVEDORING COMPANY, LTD.

[1952] 2 Lloyd's Rep. 598

Docks Regulations, 1934 - Lighting - Replacement of bilge boards in ship's hold - Injury to stevedore - Liability of shipowners and/or employers - Safe system of work - Regulations 12 (a), (c), 37 (c).

Lloyd's Law Reports